The length of service for annual leave stipulated by the State is not based on social security. The number of days of paid annual leave enjoyed by employees is linked to the length of service of workers.
Employees who have worked continuously (continuous length of service is not required to be the continuous working time of the unit) for more than 1 year are entitled to paid annual leave. This means that although an employee may have just entered the current work unit from another unit, as long as he has worked continuously in other units for more than one year, he will have the basic qualification to enjoy the statutory paid annual leave.
If an employee has worked accumulatively for more than one year but less than 10 years, 5 days of statutory paid annual leave for more than 10 years but less than 20 years, and 10 days of statutory paid annual leave for more than 20 years, 15 days of statutory paid annual leave. If the employer arranges a worker to take a leave higher than this standard, it will not interfere, but if the leave is lower than the statutory standard, the employer shall pay the unpaid annual leave salary according to the statutory standard.
Under any of the following circumstances, the employee will not enjoy the annual leave of the current year:
1) Employees enjoy winter and summer vacations according to law, and their vacation days are more than the annual vacation days
2) Employees who have taken personal leave for more than 20 days accumulatively and the unit does not deduct wages according to regulations
3) Employees who have worked for more than one year but less than 10 years accumulatively and have taken sick leave for more than 2 months accumulatively
4) Employees who have worked for more than 10 years but less than 20 years in total have taken sick leave for more than 3 months in total
5) Employees who have worked for more than 20 years accumulatively and have taken sick leave for more than 4 months accumulatively.
If an employee is new to the employer and meets the conditions for enjoying paid annual leave in the current year, the number of days of annual leave in the current year shall be converted according to the remaining calendar days in the company. The part less than 1 day after conversion shall not enjoy annual leave. The specific conversion method is (the remaining calendar days in the company in the current year ÷ 365 days) × the number of days of annual leave that the employee should enjoy in the whole year.
